Name the driver - reset the clock?

grumpyawldwifey

It looks like they must have got it right for mine, I got my court date last week, same car park, same court. I wonder if it was the same District Judge who considered my papers as it was for yours?
I'll PM you

Upsidedowner

grumpyawldwifey wrote: »

It looks like they must have got it right for mine, I got my court date last week, same car park, same court. I wonder if it was the same District Judge who considered my papers as it was for yours?
I'll PM you

Judge Adams I think it was - the deadline was today for filing and serving new particulars.

I haven't had any new paperwork from Excel - not sure whether they had to send me a copy or just the court - will give the court a call next week maybe and try and get more info.

Can't imagine the POC would have been that different - I assumed like everything else Excel do they would send out generic waffle and hope for the best.


Good luck anyway!

KeithP

"file and serve" means file on the court and serve on all other parties.

So yes, the new Particulars should've been served on you directly by the due date.

Upsidedowner

Thanks KeithP. They haven't served anything (deadline was last Friday). I rang the court today - Excel haven't filed anything with them either. I don't want to get too excited (although secretly I am) but I'm assuming the next step is for me to write to the court and ask them to dismiss the case as the new POC haven't been served in time? Or is that something the court will decide without me interfering? Don't want to get ahead of myself or wind up a judge by bossing him/her around :cool::think:

grumpyawldwifey

Upsidedowner wrote: »

Judge Adams I think it was

Ah yes, same as mine.

Good luck to you too

Upsidedowner

This claim has been dismissed. (Excel did not file amended/detailed POC before the deadline)

I'd love to be more help and say why the judge wasnt happy, but I was given no other information.

I can only assume Excel use pretty much the same POC for all cases so why the court took exception is a mystery to me, I rang the court clerk but they said there was no futher information on the system. If there is something I can do to get more information let me know and I will try and find out what they did wrong if it helps.

Never the less I thought I'd report back with the outcome for now (unless Excel appeal the decision?).

Thanks to everyone who gave up their time to help, your support when I was ready to cave made all the difference. Thanks all.

beamerguy

I guess that's because Excel produce more than a fair share
of dodgy claims, over time the courts have woken up
to their scam

Excel and their dodgy legals have created this problem
all by themselves

Excel's claim are pretty much the same which are very
ill founded so no wonder the courts don't wish to waste
any more time with them

Well done, instead of the court zapping them, they
zapped themselves ..... smart stuff

grumpyawldwifey

Tat's good news Upsidedowner.
Shame they didn't do the same with mine. Judge Adams looked at it on the same day, I believe.A few more weeks and I should have the answer. It makes me more nervous though ��

Coupon-mad

Upsidedowner wrote: »

This claim has been dismissed. (Excel did not file amended/detailed POC before the deadline)

I'd love to be more help and say why the judge wasnt happy, but I was given no other information.

I can only assume Excel use pretty much the same POC for all cases so why the court took exception is a mystery to me, I rang the court clerk but they said there was no futher information on the system. If there is something I can do to get more information let me know and I will try and find out what they did wrong if it helps.

Never the less I thought I'd report back with the outcome for now (unless Excel appeal the decision?).

Thanks to everyone who gave up their time to help, your support when I was ready to cave made all the difference. Thanks all.

Yay! :T

A claim dismissed is a defence that won - another one bites the dust!

Upsidedowner

Received a revised judgement today, Excel did seemingly send amended particulars of claim (to the court - not me) BUT due to an admin error they weren't logged in time by the court.

The judgement to dismiss the case has been set aside.

I am allowed to serve an amended defence. I phoned the court to explain I wasnt served with new particulars of claim by the deadline (they were supposed to file and serve) they seemed disinterested and said they would send me a copy. Pfft!

It says I can apply to have the 'new' decision set aside, varied or stayed. I'm assuming I have no good reason to kick up a fuss if they filed with the court in time.

Back to the grind on this one - Ughh!